FISH RESOURCES MANAGEMENT ACT 1994 - SECT 225
FISH RESOURCES MANAGEMENT ACT 1994 - SECT 225
225 . Prohibitions on offender, court’s powers to impose etc.
(1) If a court
convicts a person of an offence under this Act, in addition to any other
penalty that may be imposed for the offence, the court may by order prohibit
the person from doing all or any of the following —
(a)
being on board boats, any specified boat or any boat in a specified class of
boats;
(b)
being at —
(i)
places used for aquaculture or the processing or sale of
fish, any specified place used for aquaculture or the processing or sale of
fish, any place in a specified class of places used for aquaculture or the
processing or sale of fish; or
(ii)
any other specified place or any place in any other
specified class of places;
(c)
engaging in any activity related to fishing or aquaculture, including —
(i)
being employed in, or managing, operating or holding an
interest in, a business; and
(ii)
being in control or possession of fish or fishing or
aquaculture gear;
(d)
being in possession of any fish or fishing or aquaculture gear, any specified
fish or fishing or aquaculture gear or any fish or gear in a specified class
of fish or fishing or aquaculture gear;
(e)
being on or near specified waters.
(2) A court must not
make an order under subsection (1) unless —
(a) the
prosecutor, or a person acting for or on behalf of the prosecutor, applies for
the order; and
(b) the
court is satisfied that —
(i)
the relevant offence is of a serious nature; and
(ii)
the person is likely to commit further offences against
this Act if the order is not made.
(3) An order —
(a) may
apply generally or at specified times or in specified circumstances; and
(b) has
effect for such period as is specified in the order or, if no period is
specified, until the order is rescinded; and
(c) may
be rescinded or varied at any time.
(4) A person must not
contravene an order made under this section.
Penalty:
(a) for
a first offence, a fine of $40 000;
(b) for
a second or subsequent offence, a fine of $80 000 and imprisonment for 3
years.
(5) A person must not
knowingly allow or permit another person to contravene an order made under
this section.
Penalty for an offence under subsection (5):
(a) for
an individual —
(i)
for a first offence, a fine of $40 000;
(ii)
for a second or subsequent offence, a fine of $80 000 and
imprisonment for 3 years;
(b) for
a body corporate —
(i)
for a first offence, a fine of $80 000;
(ii)
for a second or subsequent offence, a fine of $150 000.
[Section 225 amended: No. 50 of 2003 s. 63(7); No.
84 of 2004 s. 80; No. 43 of 2011 s. 67.]